When the husband and wife are alone together under circumstances which present no legal, moral and physical impediment to martial intercourse, they are said to be in “valid retirement” (Khilwat- us-sahiha).
A valid retirement under Sunni law has the same legal effect as actual consummation as regards dower, the establishment of paternity, the observance of iddat, the bar of marriage with the wife’s sister, and the bar of subsequent marriage. However, it does not have the same effect as actual consummation as regards the bar of marriage with the wife’s daughter or the bar of remarriage between divorcees.
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Miscellaneous Prohibitions:
In addition to the regular prohibition to marry, the following three minor prohibitions must also be borne in mind:
1. Doctrine of Equality in Marriage:
ADVERTISEMENTS:
The Hanafis hold that equality between the two parties is a necessary condition in marriage, and an ill-assorted or a runaway marriage is liable to be set aside. Such a marriage is called kifa’a. The true position of a kifa’a is that there is no legal prohibition to contract such a marriage, but the kazi is allowed to rescind the marriage under certain circumstances.
Ameer Ali illustrates this by saying that if a minor girl were to contract a runaway marriage with a servant of the family, the marriage would be annulled on the application of the guardian.
It must be noted, however, that this prohibition applies only to the woman; in other words, the husband must be the equal of the woman in social status. There is no corresponding provision that the man should marry a woman of his equal status for, by marriage, he was presumed to raise her to his own position.
2. Illicit Intercourse and Undue Familiarity:
ADVERTISEMENTS:
If a person has illicit intercourse with a woman or commits acts of undue familiarity, some of the woman’s relations are forbidden to him.
3. Pilgrimage:
In Shiite and Shaafi law, a man who has come within the sacred precincts of the Ka’ba and put on a pilgrim’s dress may not enter into a contract of marriage while on the pilgrimage.